In France, the procedure for obtaining an injunction de payer is governed by Articles 1405 ff. of the civil code de procédure. International B2B debt collection in France, the competent court is the Tribunal de Commerce. Prior to the injunction, the debtor will be sent a letter requesting payment, sommation de payer, with which the debtor will be informed that in the absence of the requested payment, it will proceed as required by law.
Debt Collection in France
The prerequisites for the injonction to be issued by the court, are the following:
The credit is based on:
- By contract or legal obligation,
- Invoice, bill or promise of payment.
The application must be based on the following evidence:
- order, order confirmation, delivery document
- invoice, contracts, acknowledgment of the debt, order acceptance.
If the above requirements are met, the Court will issue the injonction de payer order which must be notified to the debtor, who will have 30 days to make payment. In case of rejection of the application, the order cannot be appealed but it is possible to propose an ordinary judgment. The debtor who wants to oppose the order, must do so within 30 days of notification of the injonction, indicating the reasons of fact and law for which the credit is considered contested, after which the Judge will summon the parties to try to reach a mediation.
RECOVERY OF CREDIT THROUGH THE ATTACHMENT OF ASSETS (EXECUTIVE PHASE)
Dopo 30 giorni dalla notifica dell’ingiunzione, se il debitore non ha depositato alcuna opposizione, le stessa diventa esecutiva. La fase dell’esecuzione viene gestita attraverso l’huissier de jusitice, l’omologo dell’ufficiale giudiziario italiano ma che ha funzioni diverse.
If the debtor, after notification of the attachment deed, does not comply with the precept contained in the deed, the huissier de justice may proceed with the sale of the assets, through an auction procedure, and request the release of the frozen sums of money.